Common use of Advance of Technology Clause in Contracts

Advance of Technology. Not for execution Although an implementation of a Service Provider facility when designed may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Service Provider facility, would have caused such a facility to fail to comply with these Robustness Rules (“New Circumstances”). If Service Provider has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then as quickly as reasonably possibly, but in no event later than six (6) months if a software upgrade is required and twelve (12) months if a hardware upgrade is required, Service Provider shall cease operation of Service Provider’s facilities that are not Compliant with the Robustness Rules in view of the then-current circumstances and shall only operate an AACS Online Service and maintain a Service Provider facility that is compliant with the Robustness Rules in view of the then-current circumstances, whether these be new or upgraded Service Provider facilities. Notwithstanding the foregoing, Service Provider shall not be required to cease operation of or upgrade its facilities for a period of thirty- six (36) months following Service Provider’s commencement of operation of such facilities, provided that such facilities were fully Compliant at the time such operation commenced.

Advance of Technology. Not for execution Although an implementation of a Service Provider facility when designed may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Service Provider facility, would have caused such a facility to fail to comply with these Robustness Rules (“New Circumstances”). If Service Provider has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then as quickly as reasonably possibly, but in no event later than six (6) months if a software upgrade is required and twelve (12) months if a hardware upgrade is required, Service Provider shall cease operation of Service Provider’s facilities that are not Compliant with the Robustness Rules in view of the then-current circumstances and shall only operate an AACS Online Service and maintain a Service Provider facility that is compliant with the Robustness Rules in view of the then-current circumstances, whether these be new or upgraded Service Provider facilities. Notwithstanding the foregoing, Service Provider shall not be required to cease operation of or upgrade its facilities for a period of thirty- six (36) months following Service Provider’s commencement of operation of such facilities, provided that such facilities were fully Compliant at the time such operation commenced.